Complying with Hatch Act could mean no bid future bids for elected office for some in Salem County

SALEM -- Two city leaders may be unable to run for political office again while keeping their county jobs, the result of a recent investigation where they were found to have unintentionally violated the Hatch Act.

It has left Mayor Earl Gage, 49, and city council President William Sumiel Jr., 60, both Democrats, at a crossroads in their political careers.

At the same time, the ruling has forced both parties to take a hard look at the 70-year-old federal law, and its implications for elected public officials who also hold public jobs.

The U.S. Office of Special Counsel (OSC) closed its files on Gage and Sumiel with no disciplinary action taken, following several months of scrutiny.

The investigation launched by the OSC came after an inquiry was made by Carneys Point attorney Michael Mulligan, a member of the Republican Party.

Mulligan had also filed complaints against Democrats Jeffrey Ridgway Sr., deputy mayor of Pittsgrove and the county director of public works, as well as Edwin Masker, Alloway's mayor and the county deputy director of public works.

No violation, intentional or inadvertent, was found against either one by the OSC.
All four men had begun their employment with the county -- which is run by a Democrat-controlled freeholder board -- after winning their local political elections.

"My motivation for filing referrals concerning the four individuals ... was to have that office with Hatch Act enforcement jurisdiction analyze a recent shady practice of rewarding certain hand-picked, successful municipal politicians with county jobs," Mulligan said in a written statement.

The Hatch Act restricts certain government workers from seeking partisan pubic office who are employed in connection with programs financed by a federal agency.

It could prevent competitive grant money from being steered toward favored municipalities.

No section of the Hatch Act could be found addressing the elected official who then gets a government job, as was the case with the four targets of this investigation.

Because Gage oversees employees who work with federal grants in his capacity as county administrator and clerk of the freeholder board, the OSC ruled that he was in violation.

He has served as Salem City mayor since 1994, beginning his employment as county administrator in 2006.

Gage said he has no plans on running for political office again soon, making the determination a moot point. He had lost the primary election in June to retain the mayoral seat.

"There was no willful intent," Gage said. "But certainly we will abide by the ruling."
Sumiel, the county assistant superintendent of bridges, said the Hatch Act is "something we'll have to deal with in 2011," when his current term ends.

He has served on the city council since 2004, beginning employment with the county in 2006.

"I don't agree with it," Sumiel said. "I thought it was meant to stem corruption, not people who are trying to help the community."

The OSC concluded that because of his involvement with monitoring two road resurfacing projects funded by U.S. Department of Transportation grants, he was in violation.

Sumiel believes the OSC is painting with too broad of a brush, pointing out that neither project benefited a Salem City roadway.

"If they are going to be this vague, there is probably no elected official anywhere that can hold a public office," Sumiel said. "It's just kind of ridiculous."

A Hatch Act complaint in May successfully halted the Salem County sheriff campaign of then-Democrat candidate Pat McCaffrey, who worked with federal funding through his office as Pennsville Township Office of Emergency Management Coordinator.

He opted to keep his job, not his candidacy. Sheriff Chuck Miller, a Republican, will be running unopposed for re-election in November.

And sources say inquiries are being made now into Salem City council candidate Charles Washington Jr., a Democrat, who may receive federal funding through his directorship with the John B. Campbell Family Fitness Center in Salem.

He could not be reached for comment.

Erica Hamrick, deputy chief of the OSC Hatch Act Unit, could not discuss any specific cases her office may or may not be investigating, she said.

Hamrick said penalties for violating the act include removal from employment and possible temporary debarment from holding another government job.

Mulligan explained his efforts were made to clean up a dirty double-dipping practice in the county, but was not completely satisfied with the results.

"Wearing multiple local government office hats raises numerous divided loyalty issues concerning the administration of public assets," Mulligan said. "The technical legal determinations of the (OSC) do not purify an unseemly practice of Salem County government that rewards successful municipally elected officials with lucrative county government jobs."

Gage remarked that employing party faithful has been part of the politics no matter who was in charge.

"Over the years both parties have had people working for the county government that held office," Gage said. "No one really raised the question."